Tulare Councilman Jones says he believed investigation report was public record

Tulare City Council voted unanimously to remove Carlton Jones as mayor on Tuesday, June 19. Council selected David Macedo to serve as mayor for the remainder of his term.
Sheyanne N Romero, sromero@visaliatimesdelta.com

A Tulare council member said he shared a report about the police department and former Chief Wes Hensley thinking the document was a public record.

Carlton Jones shared the document with former and current council members in a closed session meeting, former interim City Manager Willard Epps, a news outlet and at least three residents, Jones said.

Jones made his statements during a two-hour deposition taken by Attorney Mike Lampe, who’s representing Hensley in litigation against the city.

“In my mind, to me, it was a public record at that time,” Jones said.

The council member also posted portions of the report, completed by former Sacramento Sheriff John McGinness, on social media.

The postings were later removed.

Jones received the report from Heather Phillips, the former Tulare city attorney, he said. Phillips was no longer the city attorney when Jones received the report.

At a closed session meeting earlier this year, Jones, having made copies of the report, said he handed out copies to council members after asking City Attorney Mario Zamora.

After review, Jones got the copies back.

“Nobody said ‘you can’t be sharing that information’ or ‘it’s OK to share it with council members, but you can’t share with anyone else,’” he said.

Lampe believes Zamora, who works for a Kings County law firm, wouldn't provide such legal advice.

“I have known Mr. Zamora for many years. Mr. Zamora is a highly intelligent, ethical lawyer,” Lampe said. “There is no possibility that Mr. Zamora gave the advice that Councilman Jones claims to have received.”

During the deposition, Lampe further questioned Jones’ statements. Lampe said he plans to interview other council members as well.

“I think everybody is going to say: ‘That’s nonsense,’” Lampe said.

In this archive photo, Carlton Jones signs a letter of support asking for state financing for Tulare Regional Medical Center.(Photo: Luis Hernandez)

In an email sent to Jones and Lampe, Zamora remembered advising the report could be shared with council members in closed session, but nothing about releasing it to the public.

“Reasonable people can disagree," Jones said while reading Zamora’s message. "I take full responsibility if I told you it was a public record. That’s not the case.”

Jones learned the documents were confidential after receiving the message from Zamora, he said.

“Until then, I thought it was public record,” Jones said.

Jones then removed the social media postings after receiving a call from Interim City Manager Rob Hunt, having a conversation with Zamora and talking with James Kelly, a retired police officer and former president of the Tulare police officers’ union, who told the councilmember parts of the report were not a public record, he said.